If the tenant has defaulted on his or her rent obligations and the landlord sues the tenant for non-payment of rent, the tenant can raise as a defense the “warranty of habitability.”
If a tenant wins the case based on the landlord’s breach of the warranty of habitability, the following is the likely outcome:
- The court will determine the reasonable rental value of the premises in its untenantable condition
- The court will allow the tenant to remain in possession and the tenant will be determined to be the prevailing party, so long as the tenant pays the adjusted rental amount within 5 days
- The court will order that the monthly rent be limited to the reasonable rental value of the property until the landlord makes the needed repairs
- The court will award the tenant attorney fees and costs if allowed by contract or statute
Need help with an eviction in Los Angeles or San Francisco? Contact the Law Office of David Piotrowski today. Start the process of removing your bad tenant.
Read Attorney Piotrowski’s landlord book: “California Landlord Best Practices and Eviction Overview: An Easy-to-Read Guide Outlining Best Practices for California Landlords Plus a Summary of the Eviction Process.“